The prayer was offered by the Chaplain, Rev. Kimberly LaPlante, followed by the Pledge
of Allegiance led by House page Jaclyn Bludorn.
Roll Call: All members present except Rep. Carson who was excused.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the twenty-fourth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Jaclyn Bludorn, Allie Bradsky, Haley Carbajal, Lincoln Gibbs, Faith Houghtaling, Grace
Jones, Matt LaFave, Kade Larson, Amanda Neff, Kole Pickner, Madison Sears.
Which was subscribed to and placed on file in the office of the Secretary of State.
Rep. Kaiser introduced Brianna Palmer from Warner, the 2017 South Dakota Snow Queen,
and Emma Storley from Britton, the 2017 Jr. South Dakota Snow Queen.
Speaker Mickelson introduced Sarah Carter, a member of the Stanley County School
District Board of Education, as the Associated School Boards of South Dakota Outstanding
School Board Member for 2016.
Speaker Mickelson introduced Aberdeen School District Board of Education, as the
Associated School Boards of South Dakota Outstanding School Board for 2016.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on February 17, 2017, I approved House Bills 1007, 1015,
1023, 1026, 1027, 1029, 1031, 1038, 1040, and 1062, and the same have been deposited in the
office of the Secretary of State.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 11 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 12 and 13 and returns the same with the recommendation that said bills
do pass and be placed on the consent calendar.
The House Committee on Appropriations respectfully reports that it has had under
consideration HB 1173 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The House Committee on Appropriations respectfully reports that it has had under
consideration HB 1176, which was removed from the table, and returns the same with the
recommendation that said bill be amended as follows:
" Section 1. That § 35-5-22 be amended to read:
35-5-22. Twenty-five Twelve and one-half percent of all of the revenues deposited in the
alcoholic beverage fund shall revert to the municipalities. Each municipality's share of the fund
shall be determined by the ratio of the population of each municipality to the total population
of all the municipalities sharing in the receipts. The Department of Revenue shall make the
reversion by remitting not later than November first, February first, May first, and August first,
of each year to the finance officer of each municipality its share of the fund. The amount
received by each municipality shall be deposited in the municipality's general fund.
35-5-22.2. Twenty-five Twelve and one-half percent of all of the revenues deposited in the
alcoholic beverage fund shall revert to the counties. Twenty-five percent of such alcoholic
beverage fund so distributed to counties shall be divided equally by all counties. The remaining
seventy-five percent shall be allocated to counties by the ratio of the population of each county
to the total population of all the counties sharing in the receipts. The Department of Revenue
shall make the reversion by remitting not later than November first, February first, May first,
and August first, of each year to the county auditor of each county its share of the fund. The
amount received by each county shall be deposited in the county's general fund to be dedicated
to expenses related to county law enforcement, jails, state's attorneys, public defenders, and
court-appointed attorneys.
Section 3. That § 32-5-9.3 be amended to read:
32-5-9.3. In addition to the license fee in § 32-5-9.1, there shall be assessed on each
snowmobile registered a three four percent excise tax on the purchase price less trade difference.
The fee and tax shall be collected pursuant to § 32-20A-15. Failure to pay the full amount of tax
due is a Class 2 misdemeanor.
Section 4. That § 32-3A-50 be amended to read:
32-3A-50. In addition to all other fees, a person shall pay an excise tax at the rate of three
four percent on the purchase price of any large boat, purchased or acquired for use on the waters
of this state and required to be registered under the laws of this state. This tax shall be in lieu
of any tax levied by chapters 10-45 and 10-46 on the sales of such large boats. Failure to pay
the full amount of excise tax is a Class 1 misdemeanor.
Section 5. There is hereby appropriated one dollar ($1) or so much thereof as may be
necessary, from the state general fund to the special revenue fund for purposes of the
redistribution calculation of the taxes collected in chapter 35.
Section 6. That this Act be effective until June 30, 2018.".
Also MR. SPEAKER:
The House Committee on Appropriations respectfully reports that it has had under
consideration HB 1199 which was tabled.
The House Committee on Appropriations respectfully reports that it has had under
consideration HB 1172 which was deferred to the 41st Legislative Day.
The Committee on Local Government respectfully reports that it has had under
consideration SB 86 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration SB 64 and 146 and returns the same with the recommendation that said bills do
pass and be placed on the consent calendar.
The Committee on Transportation respectfully reports that it has had under consideration
SB 79 and 118 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on Transportation respectfully reports that it has had under consideration
SB 73 and returns the same with the recommendation that said bill do pass and be placed on the
consent calendar.
I have the honor to return herewith HCR 1007 in which the Senate has concurred.
I have the honor to return herewith HB 1013, 1066, 1136, and 1161 which have passed the
Senate without change.
I have the honor to return herewith HB 1127 which has been amended by the Senate and
your concurrence in the amendments is respectfully requested.
I have the honor to transmit herewith SB 143 which has passed the Senate and your
favorable consideration is respectfully requested.
HCR 1008: A CONCURRENT RESOLUTION, Urging Congress to develop a funding
formula for the United States Department of Health and Human Services and the Indian Health
Service that accurately reflects the true needs of various Indian Health Service regions.
Rep. Lesmeister moved that HCR 1008 as found on page 270 of the House Journal be
adopted.
The question being on Rep. Lesmeister's motion that HCR 1008 be adopted.
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet;
Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar;
Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns;
Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May;
McCleerey; McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke;
Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli;
Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund;
Speaker Mickelson
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1008 was adopted.
Rep. Jensen moved that the Committee on Judiciary be instructed to deliver HB 1135 to
the floor of the House, pursuant to Joint Rule 7-7.
Which motion was supported and the committee was so instructed.
Rep. Qualm moved that HB 1176 be referred from the House Committee on
Appropriations to the Joint Committee on Appropriations.
Which motion prevailed.
Rep. Qualm moved that the reports of the Standing Committees on
Health and Human Services on HB 1195 as found on page 415 of the House Journal; also
Local Government on HB 1185 as found on page 416 of the House Journal; also
Local Government on HB 1187 as found on page 416 of the House Journal be adopted.
Which motion prevailed.
The Speaker declared that HB 1154 was withdrawn at the request of the prime sponsor
pursuant to Joint Rule 6B-1.1.
SB 143: FOR AN ACT ENTITLED, An Act to create an off-sale delivery license and to
allow certain off-sale licensees to deliver alcohol.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1165: FOR AN ACT ENTITLED, An Act to provide for annually updated financial
interest statements for any person elected to federal, statewide, or local office.
Was read the second time.
The question being "Shall HB 1165 pass as amended?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet;
Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar;
Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns;
Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May;
McCleerey; McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke;
Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli;
Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund;
Speaker Mickelson
Excused:
Carson
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
SB 109: FOR AN ACT ENTITLED, An Act to provide certain criteria for meeting the
ownership requirements for classifying dwellings as owner-occupied property.
Was read the second time.
The question being "Shall SB 109 pass?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Excused:
Carson
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1010: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to
contract for the construction of the NSU Regional Science Education Center at Northern State
University and to make an appropriation therefor.
Was read the second time.
The question being "Shall HB 1010 pass as amended?"
And the roll being called:
Yeas 60, Nays 9, Excused 1, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Campbell; Chase; Clark; Conzet; Dennert;
DiSanto; Duvall; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Hawley; Heinemann;
Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake;
Lesmeister; Lust; McCleerey; McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson
(Sue); Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith;
Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; Wismer; York;
Zikmund; Speaker Mickelson
Nays:
Brunner; Frye-Mueller; Haugaard; Howard; Latterell; Livermont; Marty; May; Pischke
Excused:
Carson
HB 1130: FOR AN ACT ENTITLED, An Act to revise certain provisions that provide
transparency and public comment for ballot measures and amendments to the Constitution.
Was read the second time.
The question being "Shall HB 1130 pass as amended?"
And the roll being called:
Yeas 37, Nays 32, Excused 1, Absent 0
Yeas:
Anderson; Bartels; Beal; Brunner; Campbell; Clark; Dennert; DiSanto; Frye-Mueller; Glanzer;
Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Heinemann; Holmes; Jamison; Jensen
(Kevin); Johnson; Latterell; Livermont; Marty; May; Peterson (Kent); Peterson (Sue); Pischke;
Qualm; Rasmussen; Rhoden; Schaefer; Steinhauer; Tulson; Wiese; York; Zikmund; Speaker
Mickelson
Nays:
Ahlers; Bartling; Bordeaux; Chase; Conzet; Duvall; Hawley; Howard; Hunhoff; Johns; Kaiser;
Karr; Kettwig; Lake; Lesmeister; Lust; McCleerey; McPherson; Mills; Otten (Herman); Reed;
Ring; Rounds; Rozum; Schoenfish; Smith; Soli; Stevens; Tieszen; Turbiville; Willadsen;
Wismer
Excused:
Carson
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1211: FOR AN ACT ENTITLED, An Act to provide for a grace period after the
expiration of a permit and a warning ticket for carrying a concealed pistol while in possession
of an expired permit.
Was read the second time.
Rep. Qualm moved that HB 1211 be deferred to Wednesday, February 22, the
26th legislative day.
Which motion prevailed.
Was read the second time.
The question being "Shall HB 1191 pass?"
And the roll being called:
Yeas 57, Nays 12, Excused 1, Absent 0
Yeas:
Anderson; Bartels; Beal; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall;
Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Haugaard; Heinemann;
Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig;
Lake; Latterell; Livermont; Lust; Marty; May; McPherson; Mills; Otten (Herman); Peterson
(Kent); Peterson (Sue); Qualm; Reed; Rhoden; Rounds; Rozum; Schaefer; Schoenfish;
Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Wiese; Willadsen; York; Zikmund; Speaker
Mickelson
Nays:
Ahlers; Bartling; Bordeaux; Hawley; Lesmeister; McCleerey; Pischke; Rasmussen; Ring; Smith;
Soli; Wismer
Excused:
Carson
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1106: FOR AN ACT ENTITLED, An Act to create a leased residential property
classification.
Was read the second time.
And the roll being called:
Yeas 32, Nays 36, Excused 2, Absent 0
Yeas:
Ahlers; Bartels; Chase; Clark; DiSanto; Duvall; Glanzer; Haggar; Haugaard; Hawley; Jamison;
Jensen (Kevin); Kaiser; Karr; Latterell; McPherson; Mills; Otten (Herman); Peterson (Sue);
Pischke; Reed; Rounds; Rozum; Schoenfish; Smith; Soli; Steinhauer; Tulson; Willadsen; York;
Zikmund; Speaker Mickelson
Nays:
Anderson; Bartling; Beal; Bordeaux; Brunner; Campbell; Conzet; Dennert; Frye-Mueller;
Goodwin; Greenfield (Lana); Heinemann; Holmes; Howard; Hunhoff; Johns; Johnson; Kettwig;
Lake; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Peterson (Kent); Qualm;
Rasmussen; Rhoden; Ring; Schaefer; Stevens; Tieszen; Turbiville; Wiese; Wismer
Excused:
Carson; Gosch
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Speaker Pro tempore Haggar now presiding.
HB 1184: FOR AN ACT ENTITLED, An Act to exempt certain persons working in
postsecondary technical institutes from collective bargaining provisions.
Was read the second time.
The question being "Shall HB 1184 pass?"
And the roll being called:
Yeas 54, Nays 14, Excused 2, Absent 0
Yeas:
Anderson; Bartels; Beal; Brunner; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Greenfield (Lana); Haggar; Haugaard; Heinemann; Holmes;
Howard; Hunhoff; Jamison; Jensen (Kevin); Johnson; Kaiser; Karr; Kettwig; Lake; Latterell;
Livermont; Lust; Marty; May; McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson
(Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Rounds; Rozum; Schaefer; Steinhauer;
Stevens; Tulson; Turbiville; Wiese; Willadsen; York; Zikmund; Speaker Mickelson
Excused:
Carson; Gosch
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1168: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
nonresident waterfowl licenses.
Was read the second time.
A roll call vote was requested and supported.
The question being on Rep. Marty's motion that HB 1168 be amended.
And the roll being called:
Yeas 36, Nays 32, Excused 2, Absent 0
Yeas:
Bartling; Bordeaux; Brunner; Campbell; Chase; Clark; Dennert; DiSanto; Duvall; Frye-Mueller;
Goodwin; Greenfield (Lana); Haggar; Haugaard; Howard; Jamison; Johnson; Kaiser; Kettwig;
Lake; Latterell; Lesmeister; Livermont; Marty; May; McPherson; Peterson (Sue); Rasmussen;
Reed; Rhoden; Ring; Schaefer; Smith; Tulson; Wiese; York
Excused:
Carson; Gosch
So the motion having received an affirmative vote of a majority of the members present,
the Speaker declared the motion carried.
Rep. Rounds requested that Joint Rule 5-17 be invoked on HB 1168.
Which request was not supported.
Which Rep. Dennert's motion lost.
The question being "Shall HB 1168 pass as amended?"
And the roll being called:
Yeas 24, Nays 44, Excused 2, Absent 0
Yeas:
Ahlers; Bordeaux; Brunner; Campbell; Clark; DiSanto; Goodwin; Greenfield (Lana); Haggar;
Haugaard; Jamison; Johnson; Lake; Latterell; Lesmeister; Livermont; Marty; May; McCleerey;
Qualm; Rhoden; Schaefer; Smith; Speaker Mickelson
Nays:
Anderson; Bartels; Bartling; Beal; Chase; Conzet; Dennert; Duvall; Frye-Mueller; Glanzer;
Hawley; Heinemann; Holmes; Howard; Hunhoff; Jensen (Kevin); Johns; Kaiser; Karr; Kettwig;
Lust; McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Rasmussen;
Reed; Ring; Rounds; Rozum; Schoenfish; Soli; Steinhauer; Stevens; Tieszen; Tulson;
Turbiville; Wiese; Willadsen; Wismer; York; Zikmund
Excused:
Carson; Gosch
Rep. Qualm moved that the balance of the calendar including HB 1063, 1149, 1159, 1117,
1133, 1170, 1179, 1107, 1072, 1074, 1141, 1196, 1143, 1155, 1090, 1092, 1205, 1206, 1207,
1208, 1209, and 1204 and SB 14, 15, 17, 18, 1, 44, 49, 6, 59, 34, 63, 7, 19, 36, 69, 70, and 66
be deferred to Wednesday, February 22, the 26th legislative day.
Which motion prevailed.
Speaker Mickelson now presiding.
The Speaker declared that HB 1121 was withdrawn at the request of the prime sponsor
pursuant to Joint Rule 6B-1.1.
There being no objection, the House reverted to Order of Business No. 5.
The Committee on Legislative Procedure respectfully reports that HB 1055 was delivered
to his Excellency, the Governor, for his approval at 11:35 a.m., February 21, 2017.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1013, 1066, 1136, and 1161 and finds the same
correctly enrolled.
The Speaker publicly read the title to
HB 1013: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
payment of tuition for members of the South Dakota National Guard and to declare an
emergency.
HB 1066: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
permits for the sale of certain trailers, motorcycles, and other vehicles.
HB 1136: FOR AN ACT ENTITLED, An Act to revise certain election recount provisions.
HB 1161: FOR AN ACT ENTITLED, An Act to repeal the requirement for certain
township, municipal, and school district fiscal reports to be submitted to county auditors.
SB 46: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the state
geologist.
SB 48: FOR AN ACT ENTITLED, An Act to provide for the certification of emergency
medical responders.
And signed the same in the presence of the House.
HC 1017 Introduced by: Representatives Marty, Ahlers, Anderson, Bartels, Bartling, Beal,
Bordeaux, Brunner, Campbell, Chase, Clark, Conzet, Dennert, DiSanto, Duvall, Frye-Mueller,
Glanzer, Goodwin, Gosch, Greenfield (Lana), Haggar, Haugaard, Hawley, Heinemann, Holmes,
Howard, Hunhoff, Jamison, Jensen (Kevin), Johns, Johnson, Kaiser, Karr, Kettwig, Lake,
Latterell, Lesmeister, Livermont, Lust, May, McCleerey, Mickelson, Mills, Otten (Herman),
Peterson (Kent), Peterson (Sue), Pischke, Qualm, Rasmussen, Reed, Rhoden, Ring, Rounds,
Rozum, Schaefer, Schoenfish, Smith, Soli, Steinhauer, Stevens, Tieszen, Tulson, Turbiville,
Wiese, Willadsen, Wismer, York, and Zikmund and Senators Jensen (Phil), Kennedy, Klumb,
Monroe, Otten (Ernie), and Youngberg
Rep. Beal moved that the House do now adjourn, which motion prevailed and at 5:34 p.m.
the House adjourned.